Wilkerson v. United States of America
| Robert Moses Wilkerson |
| Warden Williamsburg Federal Correctional Institution and United States of America |
| 1:2018cv00211 |
| November 16, 2018 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Michael John Aloi |
| Irene M Keeley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 50 MEMORANDUM by Robert Moses Wilkerson re: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr) |
| Filing 49 ** SEALED ** Ledger Sheets to #40 Prisoner Trust Fund Account Statement by Robert Moses Wilkerson. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr) Modified on 1/9/2019 to correct docket text (wrr). |
| Filing 48 RETURN RECEIPT as to #45 Order, #46 Order, and #47 Order. SERVICE ACCEPTED on 1/7/2019. (wrr) |
Filing 47
AMENDED ORDER DENYING PETITIONER'S MOTION FOR COURT APPOINTED COUNSEL. The Petitioner's #41 Motion for Court appointed counsel is denied. Signed by Magistrate Judge Michael John Aloi on 1/2/19. (Copy Petitioner via cert. mail)(mh) (Additional attachment(s) added on 1/2/2019: #1 Certified Mail Return Receipt) (mh).
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Filing 46
ORDER VACATING PRIOR ORDER OF COURT AND STRIKING COURT-APPROVED FORM PETITION. It is Ordered that the Court's 11/16/18 Notice of Intent to Dismiss (ECF #33 is Vacated and further Ordered that the 38 Court approved form be stricken from the record. Signed by Magistrate Judge Michael John Aloi on 1/2/19. (To Petitioner via cert. mail)(mh) (Additional attachment(s) added on 1/2/2019: #1 Certified Mail Return Receipt) (mh). (Additional attachment(s) added on 1/2/2019: #2 Certified Mail Return Receipt) (mh).
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Filing 45
ORDER DENYING PETITIONER'S MOTION FOR COURT APPOINTED COUNSEL re: #41 Motion to Appoint Counsel. Signed by Magistrate Judge Michael John Aloi on 1/2/19. (To Petitioner via cert. mail)(mh) (Additional attachment(s) added on 1/2/2019: #1 Certified Mail Return Receipt) (mh). (Additional attachment(s) added on 1/2/2019: #2 Certified Mail Return Receipt) (mh).
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| Filing 44 RETURN RECEIPT as to #42 Notice of Deficient Pleading. SERVICE ACCEPTED on 12/26/2018. (wrr) |
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Filing 43
PAPERLESS ORDER (For reasons appearing to the Court, the telephonic Scheduling Conference previously set for 1/4/2019 is RESCHEDULED for 1/23/2019, at 9:30 AM, in Judge Keeley Chambers before Senior Judge Irene M. Keeley. Counsel for the Plaintiff is directed to provide dial-in information to all parties and the Court, by email, to Candace_Levitsky@wvnd.uscourts.gov, no later than January 14, 2019.). Signed by Senior Judge Irene M. Keeley on 12/27/2018. (dk)
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| Filing 42 NOTICE OF DEFICIENT PLEADING. (Copy to PS Petitioner via CM, RRR.) (wrr) (Additional attachment(s) added on 12/20/2018: #1 Certified Mail Return Receipt) (wrr). |
| Filing 41 Petitioner's Motion for Appointment of Counsel by Robert Moses Wilkerson. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr) |
| Filing 40 ** SEALED ** Prisoner Trust Fund Account Statement by Robert Moses Wilkerson. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr) |
| Filing 39 ** SEALED** MOTION/Application for Leave to Proceed in forma pauperis by Robert Moses Wilkerson. (Attachments: #1 Letter to Clerk, #2 Envelope)(wrr) Modified on 12/20/2018 to correct filing date (wrr). |
| Filing 37 NOTICE of Appearance by Andrew R. Cogar on behalf of Warden Williamsburg Federal Correctional Institution (Cogar, Andrew) |
| Filing 36 NOTICE of Change of Address by Lawrence D. Rosenberg. Attorney Rosenberg has been added to case per #35 Order. (cmd) |
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Filing 35
ORDER APPOINTING COUNSEL AND SETTING SCHEDULING CONFERENCE: The Court APPOINTS the United States Supreme Court Law Clinic. The Court SETS a scheduling conference, by telephone, for Friday, January 4, 2019, at 3:00 p.m. Counsel for the Respondent is directed to provide call-in information to theparties and the Court, by email to Candace_Levitsky@wvnd.uscourts.gov, no later than Thursday, January 3, 2019, at 5:00 P.M. Signed by Senior Judge Irene M. Keeley on 12/12/2018. Copy to petitioner by cm,rrr, copy to USA, USM, and emailed to Rosenberg.(cmd)
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| Filing 34 RETURN RECEIPT as to #33 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. SERVICE ACCEPTED on 11/19/2018. (wrr) |
| Filing 33 VACATED per #46 Order. NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS re #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Court-Approved Form 2241 packet)(Copy to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 11/16/2018: #2 Certified Mail Return Receipt) (wrr). Modified on 1/2/2019 (mh). |
| Filing 32 Case transferred in from District of South Carolina; Case Number 8:18-cv-00715. (wrr) |
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Filing 30
ORDER RULING ON REPORT AND RECOMMENDATION declines to adopt #25 Report and Recommendation. Rather, the case shall be transferred to the Northern District of West Virginia for further proceedings. Signed by Honorable Timothy M Cain on 11/16/2018. (gpre, ) [Transferred from South Carolina on 11/16/2018.]
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| Filing 27 OBJECTION to #25 Report and Recommendation by Robert Moses Wilkerson. Reply to Objections due by 10/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Cover Letter, #2 Envelope)(gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 26 ***DOCUMENT MAILED #25 REPORT AND RECOMMENDATION placed in U.S. Mail to Robert Moses Wilkerson (gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 25 REPORT AND RECOMMENDATION recommends that Respondent's motion #17 be GRANTED and that the Petition #1 be DISMISSED. Objections to R&R due by 10/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 9/24/2018. (Attachments: #1 Notice of Right to File Objection)(gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 24 Letter regarding status of case from Robert Wilkerson. (Attachments: #1 Envelope)(kric, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 23 Additional Attachments to Main Document #21 Response in Opposition to Motion for Summary Judgment. First attachment description: Response in Opposition to Motion to Dismiss. (Attachments: #1 Exhibit A - North Carolina judgment/order, #2 Exhibit B - 18 U.S.C. 1111, #3 Envelope)(gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 21 RESPONSE in Opposition re #17 MOTION for Summary Judgment or to Dismiss. Response filed by Robert Moses Wilkerson. Reply to Response to Motion due by 7/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(gpre, ) Modified on 7/3/2018 to edit reply deadline per FRCP (gpre, ). Additional attachment #23 filed 7/30/2018 (gpre, ). [Transferred from South Carolina on 11/16/2018.] |
| Filing 20 ***DOCUMENT MAILED #19 Roseboro Order, placed in U.S. Mail to Robert Moses Wilkerson (kmca) [Transferred from South Carolina on 11/16/2018.] |
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Filing 19
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #17 MOTION for Summary Judgment or to Dismiss. Response to Motion due by 7/23/2018. ***Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.*** Signed by Magistrate Judge Jacquelyn D Austin on 6/20/18. (kmca) [Transferred from South Carolina on 11/16/2018.]
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| Filing 18 CERTIFICATE OF SERVICE by Warden Williamsburg Federal Correctional Institution re #17 MOTION for Summary Judgment or to Dismiss, #16 Return and Memorandum to Habeas Petition (Daley, Robert) [Transferred from South Carolina on 11/16/2018.] |
| Filing 17 MOTION for Summary Judgment or to Dismiss by Warden Williamsburg Federal Correctional Institution. Response to Motion due by 6/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Daley, Robert) [Transferred from South Carolina on 11/16/2018.] |
| Filing 16 RETURN and MEMORANDUM to Petition for Writ of Habeas Corpus #1 Petition for Writ of Habeas Corpus by United States of America, Warden Williamsburg Federal Correctional Institution.(Daley, Robert) [Transferred from South Carolina on 11/16/2018.] |
| Filing 15 NOTICE of Change of Address by Robert Moses Wilkerson. Address updated. (Attachments: #1 Envelope)(gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 14 CERTIFIED MAIL RECEIPT re #11 Order 2241 Federal Habeas, served on Attorney General for the United States on 5/1/2018. (gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 13 ***DOCUMENT MAILED 12 Order on Motion for Leave to Proceed in forma pauperis, #11 Order 2241 Federal Habeas, placed in U.S. Mail to Robert Moses Wilkerson. And #11 mailed to the US Attorney General by certified mail #70153430000072760337 (kric, ) [Transferred from South Carolina on 11/16/2018.] |
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Filing 12
TEXT ORDER granting 8 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Jacquelyn D Austin on 4/25/2018.(kric, ) [Transferred from South Carolina on 11/16/2018.]
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Filing 11
ORDER authorizing service of process by clerk. Apprising the respondent of deadline for filing dispositive motions and directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Jacquelyn D Austin on 4/25/2018. (Attachments: #1 Petition)(kric, ) [Transferred from South Carolina on 11/16/2018.]
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| Filing 7 ***DOCUMENT MAILED #5 Proper Form Order, placed in U.S. Mail to Robert Moses Wilkerson with AO240 and 2241 petition as directed. (kric, ) [Transferred from South Carolina on 11/16/2018.] |
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Filing 5
PROPER FORM ORDER Case to be brought into proper form by 4/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 3/19/2018. (kric, ) [Transferred from South Carolina on 11/16/2018.]
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| Filing 2 TRUE DIVISION FOR TRIAL: Florence. (gpre, ) [Transferred from South Carolina on 11/16/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Robert Moses Wilkerson. (Attachments: #1 Supporting Documents, #2 Envelope)(gpre, ) (Additional attachment(s) added on 4/2/2018: #3 2241 Petition on court form, #4 Envelope) (gpre, ). [Transferred from South Carolina on 11/16/2018.] |
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